If you come to work high on dagga, you could get your company into big trouble
While the private use of dagga has been legalised, arriving to work under the influence of marijuana remains against the law.
Attorney and public law professor Halton Cheadle explains that the Occupational Health and Safety Act makes provision for conduct on the job.
The Act essentially says that every employer has a statutory obligation to ensure that people are not high or drunk at work, Cheadle shares.
If an employer fails to comply with these laws, they are guilty of an offence that is liable on conviction to a fine of R50 000 or imprisonment for a year.
The difficulty with dagga, however, is determining or proving intoxication from the substance using a credible test method, Cheadle says.
There is no provision for authorisation of drugs [in the workplace], other than medicines.Prof Halton Cheadle, public law professor and partner at BCHC Attorneys
If an accident does take place, then an employer would be liable.Prof Halton Cheadle, public law professor and partner at BCHC Attorneys
The Act states that basically, every employer has to provide and maintain a safe and without-risk workplace.Prof Halton Cheadle, public law professor and partner at BCHC Attorneys
In the regulations, it specifically says that an employer may not permit any person, who appears to be under the influence of intoxicating liquor or drugs, to enter or remain in the workplace.Prof Halton Cheadle, public law professor and partner at BCHC Attorneys
It goes on further to say that no person shall be under the influence of, or have any possession or partake of intoxicating liquor or drugs in the workplace.Prof Halton Cheadle, public law professor and partner at BCHC Attorneys
Listen to the intriguing discussion on The John Maytham Show:
This article first appeared on CapeTalk : If you come to work high on dagga, you could get your company into big trouble
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